DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DESA Australia Pty Ltd
(AG2017/5158)

DESA AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 MARCH 2018

Application for approval of the DESA Australia Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the DESA Australia Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DESA Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 March 2018 and, in accordance with s.54, will operate from 20 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DESA Australia Pty Ltd recently faced an application before the Fair Work Commission regarding the approval of their Enterprise Agreement for the period 2016-2020. The application was brought by the company seeking formal endorsement of the agreement, which had been negotiated with their employees' representatives. The dispute centred on whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with ensuring that the agreement complied with the provisions of the Act, including provisions related to the protection of employee rights and the avoidance of unfair dismissals.

The primary legal issues the Commission had to address involved whether the agreement contained mandatory terms as required by the Fair Work Act and whether it adequately protected the rights of employees. This included scrutinising whether the agreement provided for adequate minimum wages and conditions, and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The Commission also considered whether the agreement was genuinely negotiated and if the process followed was fair and appropriate.

In examining the agreement, the Fair Work Commission found that DESA Australia Pty Ltd had satisfied all the necessary legal requirements. The agreement was deemed to contain the mandatory terms prescribed by the Fair Work Act and provided appropriate protections for employees. The Commission was satisfied that the negotiation process was fair and that the agreement was genuinely negotiated between the parties. Consequently, the Commission approved the Enterprise Agreement for the period 2016-2020. The approval was based on the conclusion that the agreement met all statutory requirements and adequately safeguarded the interests of the employees.

DESA Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established